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Home»Legal & Policy»Cannabis Real Estate: Leasing v. Buying
Legal & Policy

Cannabis Real Estate: Leasing v. Buying

August 1, 2023Updated:December 6, 2024No Comments4 Mins Read
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One of the crucial necessary enterprise selections hashish companies must make is whether or not to lease or purchase actual property. I’ve labored on too many hashish actual property transactions to rely. And in my expertise, the overwhelming majority are leases. Immediately I wish to look the highest three the reason why that’s the case.

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  • #1 – Deferring prices for a later day
    • #2 – Good luck getting actual property financing
      • #3 – A number of purple tape

#1 – Deferring prices for a later day

Even lengthy earlier than the hashish recession, hashish companies had been money strapped. The method between incorporation and operation prices tons of of 1000’s, if not hundreds of thousands of {dollars}. On the similar time, hashish actual property (whether or not for lease or sale) tends to run at a a lot increased value than for non-cannabis companies. On the similar time, hashish enterprise homeowners usually guess on the flexibility to get licensed and achieve an business that’s mainly designed to make them spend cash in inefficient methods and the place there may be endless unlawful market competitors. Success is under no circumstances assured. Fairly the alternative.

The prospect of an already cash-strapped enterprise placing down hundreds of thousands of {dollars} to purchase actual property is simply… out of the query. I’m not saying that leasing hashish actual property is reasonable. It positively is just not, and in the long term, the rents paid below a lease can vastly exceed a would-be buy worth. However paying 5 or 6 figures (as a substitute of seven or eight) per thirty days now’s much more doable for a lot of hashish companies.

#2 – Good luck getting actual property financing

You may ask “why don’t these companies simply get financing?” Effectively, the reply is that it’s in all probability not obtainable. I’ve written extensively on common financing points for hashish companies (see right here, for instance). So I gained’t re-hash all the small print right here. However the gist is that federal illegality and skittishness of larger banks takes financial institution loans off the desk for a lot of hashish companies. And for the remaining, loans are typically far more costly and much more predatory. Anticipate plenty of ensures and safety pursuits.

#3 – A number of purple tape

Shopping for industrial actual property tends to be far more sophisticated than leasing it. I’ve gotten leases signed earlier than with as little as just a few emails. This type of factor is mainly exceptional for acquisitions, which contain far more diligence and purple tape on the whole than leasing.

With hashish, issues are much more complicated. Hashish companies (particularly in newer markets) could have a tough time discovering escrow and title corporations that service hashish companies. It is a enormous obstacle to closing an actual property acquisition. Working with a small potatoes escrow firm, in my expertise, could be a enormous ache, enormous value, and gradual issues down considerably. As hashish markets open up, title and escrow corporations turn into extra open too, and this drawback begins to resolve itself. However it could take years, and hashish corporations don’t even have minutes.


These are the three largest the reason why I’ve seen hashish corporations steer in the direction of leases within the final 5 years of California’s hashish licensing. This has been a lot the case that many hashish companies I’ve seen begin out shopping for have later performed sale-leaseback transactions.

Does this imply leases are at all times good or perhaps a higher possibility? No. There are many methods to botch a landlord-tenant relationship (you may examine a few of them right here). And actual property lessees have one much less asset to collateralize when looking for financing in a while down the highway. However on the finish of the day, a cash-strapped hashish firm that wishes to rise up and working rapidly can usually get much more up-front worth out of a very good lease settlement.

As common, keep tuned to the Canna Law Blog for extra on hashish actual property.

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